Libraries: Who Needs Them? Perhaps Everyone
May 3, 2023
Note: This essay is the work of a real and still-alive dinobaby. No smart software involved, just a dumb humanoid.
How dare libraries try to make the works they purchase more easily accessible to their patrons! The Nation ponders, “When You Buy a Book, You Can Loan It to Anyone. This Judge Says Libraries Can’t. Why Not?” The case was brought before the U.S. District Court in Manhattan by four publishers unhappy with the Internet Archive’s (IA) controlled digital lending (CDL) program. We learn the IA does plan to appeal the decision. Writer Michelle M. Wu explains:
“At issue was whether a library could legally digitize the books it already owned and lend the digital copies in place of the print. The IA maintained that it could, as long as it lent only the same number of copies it owned and locked down the digital copies so that a borrower could not copy or redistribute them. It would be doing what libraries had always done, lend books—just in a different format. The publishers, on the other hand, asserted that CDL infringed on authors’ copyrights, making unauthorized copies and sharing these with libraries and borrowers, thereby depriving the authors and publishers of rightful e-book sales. They viewed CDL as piracy. While Judge John G. Koeltl’s opinion addressed many issues, all his reasoning was based on one assumption: that copyright primarily is about authors’ and publishers’ right to profit. Despite the pervasiveness of this belief, the history of copyright tells us something different.”
Wu recounts copyright’s evolution from a means to promote the sharing of knowledge to a way for publishers to rake in every possible dime. The shift was driven by a series of developments in technology. In the 1980s, the new ability to record content to video tape upset Hollywood studios. Apparently, being able to (re)watch a show after its initial broadcast was so beyond the pale a lawsuit was required. Later, Internet-based innovations prompted more legal proceedings. On the other hand, tools evolved that enabled publishers to enforce their interpretation of copyright, no judicial review required. Wu asserts:
“Increasing the impact on the end user, publishers—not booksellers or authors—now control prices and access. They can charge libraries multiple times what they charge an individual and bill them repeatedly for the same content. They can limit the number of copies a library buys, or even refuse to sell e-books to libraries at all. Such actions ultimately reduce the amount of content that libraries can provide to their readers.”
So that is how the original intention of copyright law has been turned on its head. And how publishers are undermining the whole purpose of libraries, which are valiantly trying to keep pace with technology. Perhaps the IA will win it’s appeal and the valuable CDL program will be allowed to continue. Either way, their litigious history suggests publishers will keep fighting for control over content.
Cynthia Murrell, May 3, 2023
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